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36 U. Colo. L. Rev. 451 (1963-1964)
Colorado Condominium Act - How It Works

handle is hein.journals/ucollr36 and id is 465 raw text is: COLORADO CONDOMINIUM ACT-
While the concept of condominium ownership brought into ex-
istence by the recent legislation in Colorado is not an entirely new
concept, it has existed in Colorado for a sufficiently short time to
allow little experience andi no case law in this area. The following
is submitted as a review and at least a partial check list for the
creation of a condominium.
The purchase of condominium units may bring together total
strangers as co-owners and participants in the ownership and the
attendant management of elements essential to their units in a
manner unique from      any other ownership concept.      In such a
situation there must necessarily be certain documents to establish
the relative rights and obligations of each of the co-owners. These
rights and obligations are created through three basic documents
prepared and placed of :record in the course of the creation and
conveyance of the condominum. These are the Declaration, the
Area Plot Plan or Map and the conveyances to be used to convey
various interests to the ultimate condominium unit owners. Senate
Bill 290, known as the Condominium Ownership Act,1 was adopted
by the Colorado Legislature in 1963, as the basic enabling legislation
facilitating the creation and operation of condominiums. While this
legislation was not imperative to the use of the condominium concept
in Colorado, it is certain to be a valuable tool. It not only re-
cognizes condominium ownership, but it provides definitions and
basic rules which simplify the job of all persons who must deal with
this concept.
In preparing the documents necessary to the creation of a con-
dominium, an attorney must consider many related matters. The
attorney must be fully aware of the intended physical plant that will
form the condominium complex itself. The considerations involved
in a single building condominium are different from those involved in
a multiple building complex. A ten story building will present differ-
ent problems from a two story building. Which limited common
elements are to be created must always be borne in mind.
* The author is indebted to the direct and indirect contributions to this
article given by many persons, including Royal C. Rubright, C. Blake Heister,
Albert S. Isbilt, Raymond 0. Hagerty, Dale M. Mathis and Chris J. Allison.
From these individuals, as well as from the developers who have recognized the
potential of this form of real estate development, the material for this article
has been accumulated.
**B.S.L., Denver, 1953; LL.B., Denver, 1954; M.B.A., Denver, 1955; Assistant
Manager and Attorney for Title Guaranty Company, Arapahoe County Office,
Littleton, Colorado.
1. CoLo. REv. STAT. ANN. §§ 118-13-1 to -5 (Colo. Sess. Laws 1963, ch. 223).


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